A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] The Defendant, at the Suwon District Court on October 16, 2013, was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act (driving) at the Suwon District Court on June, 2013, and was sentenced to a suspended sentence of two years, on four occasions more.

【Criminal Facts】

On October 12, 2019, the Defendant was under the influence of alcohol of 0.144% of blood alcohol concentration at around 23:29, and was driving a Fchier HG car at approximately 2 km from the front road of the “C” located in Young-gu, Young-si B to the front road of the “E” located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Previous records of judgment: Application of criminal records, repeated statements, one copy of judgment, and four copies of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation amounts to five times the Defendant was sentenced to criminal punishment due to a drunk driving, and even when the Defendant was sentenced to a stay of the execution of imprisonment in 2013, he/she was running the instant drunk driving in addition, even though he/she was sentenced to a stay of the execution of imprisonment, and the blood alcohol concentration level at the time was significantly high.

Considering the risk of the occurrence of the accident and the purport of the amended law raised by statutory penalty, etc., the punishment shall be sentenced inasmuch as the crime is not good and cannot be less light.

The aforementioned circumstances include the Defendant’s age, attitude, family relation, criminal records, driving background, distance, circumstances after the crime, and the details of the offender’s carbon, and other various sentencing conditions as shown in the oral proceedings, shall be determined as ordered by the text.